MANILA, Philippines – The Supreme Court (SC) has upheld the legality of the merger of the Lakas-Christian and Muslim Democrats with the Kabalikat ng Malayang Pilipino (Kampi).
In a resolution released last Dec. 16, the SC junked a petition of Pangasinan Rep. Jose de Venecia Jr. contesting the Commission on Elections (Comelec)’s approval of the merger.
In its decision, the SC cited the “failure of the petition to sufficiently show that any grave abuse of discretion was committed by the Comelec in rendering the challenged resolution.”
It stressed that the Comelec resolution “appears to be in accord with the facts and applicable laws and jurisprudence.”
The SC said De Venecia’s petition also failed in technical tests under the Rules of Court due to “non-submission of proof of service of the petition on adverse parties, failure to give an explanation why service was not done personally and failure to state material date showing when notice of judgment, final order or resolution subject of the petition was received to show that the petition was filed on time.”
In his petition filed on Nov. 23, the former House speaker asked the SC to issue an order “directing the Comelec to order the cancellation of the registration of Lakas-Kampi-CMD as a political party and restoring the status of Lakas-CMD as a registered political party with all its rights and privileges as the dominant majority party.”
Through lawyer Amado Valdez, De Venecia argued that the registration of the merger as a political party violated Article 16 of the Lakas-CMD constitution, which provides that any amendment, revision or substitution is subject to the ratification and validation by a majority of votes cast by all of the party’s national assembly members at a national congress called for the purpose not earlier than 60 days or later than 120 days from its adoption.
He said this means the national assembly of Lakas-CMD should have been called and convened for the purpose of validation and ratification not later than Sept. 25, 2009.
De Venecia said no national assembly was ever called or held for the ratification of the new constitution and bylaws of Lakas-CMD, which he co-founded with former President Fidel Ramos.
De Venecia also said Section 61 of the Omnibus Election Code provides that “an organized group of persons seeking registration as a national or regional political party may file with the Comelec a verified petition attaching thereto its constitution and bylaws, platforms or programs and such other relevant information as maybe required by the Commission.”
He also cited as proof of strong resistance against the merger a letter sent by Ramos to President Arroyo, bewailing the lack of effective national consultations and ratification of the merger. Mrs. Arroyo founded Kampi in 1998.
“Like a surgeon, Comelec must exercise care and caution, for the registration of the merged party meant the demise of Lakas-CMD,” De Venecia said.
“The act of Comelec would greatly prejudice the rights and privileges of the members of Lakas-CMD such as the right to be substituted for a disqualified candidate, or one who died or withdrew, belonging to the same party, or being entitled to additional election expenditures allowed to a political party over that of the limit of an individual candidate, the party’s entitlement to official watchers in addition to that of the individual candidate in every polling place and canvassing center as well as the right to a copy of election returns,” he said.
De Venecia said the present party setup giving one person the sole prerogative to appoint all the officers of the national executive committee of the party is “a blatant violation of the Constitution.”
Meanwhile, Lakas-Kampi-CMD chairman and standard-bearer Gilbert Teodoro Jr. said the SC’s decision would enable the party to focus on building up support ahead of the May polls.
“We welcome the decision and we can now focus on strengthening the party,” Teodoro said in a text message to The STAR.
Lakas-Kampi-CMD president and Sarangani Gov. Migz Dominguez said the SC decision would benefit not only the party but the whole country as well.
“Now the Filipinos will embrace Secretary Teodoro’s vision for the good of the country,” Dominguez said.
He said Teodoro, based on recent opinion polls, is slowly but steadily catching up with survey favorites.
“Secretary Teodoro is being seen and heard more often by more Filipinos and on college campuses and in provincial capitals and his message and platform of government sinking in to them,” Dominguez said. –Edu Punay (The Philippine Star)
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